Buscher v. Kastrenakes

District Court of Appeal of Florida

Buscher v. Kastrenakes

575 So. 2d 227, 1991 Fla. App. LEXIS 356, 1991 WL 4342

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1991

DocketNo. 90-1187

StatusPublished

This text of 575 So. 2d 227 (Buscher v. Kastrenakes) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buscher v. Kastrenakes, 575 So. 2d 227, 1991 Fla. App. LEXIS 356, 1991 WL 4342 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Elizabeth Buscher appeals a final order denying her petition for revocation of probate of the will of the late Beatrice Nolan. After careful consideration of appellant Buscher’s contentions, we conclude that the trial court correctly interpreted In re Estate of Carpenter, 253 So.2d 697 (Fla.1971), and was entirely correct in entering the involuntary dismissal at the conclusion of Buscher’s case. On the facts here presented, the presumption of undue influence did not arise because the “substantial beneficiary” portion of the Carpenter test was not satisfied. See id. at 701. We also conclude that no reversible error has been shown with respect to appellant’s alternative points on appeal. The order under review is therefore affirmed.

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PER CURIAM.

Elizabeth Buscher appeals a final order denying her petition for revocation of probate of the will of the late Beatrice Nolan. After careful consideration of appellant Buscher’s contentions, we conclude that the trial court correctly interpreted In re Estate of Carpenter, 253 So.2d 697 (Fla.1971), and was entirely correct in entering the involuntary dismissal at the conclusion of Buscher’s case. On the facts here presented, the presumption of undue influence did not arise because the “substantial beneficiary” portion of the Carpenter test was not satisfied. See id. at 701. We also conclude that no reversible error has been shown with respect to appellant’s alternative points on appeal. The order under review is therefore affirmed.

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575 So. 2d 227, 1991 Fla. App. LEXIS 356, 1991 WL 4342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buscher-v-kastrenakes-fladistctapp-1991.

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